When citizens act before a Public Administration (PA), it is usually sufficient for them to identify themselves. In other cases, however, they will also need to sign (requests, responsible declarations or communications, appeals, withdrawals of actions and waivers of rights must be signed); as you can see, despite these being taxed cases, it is evident that the signature continues to be necessary in most procedures before the PA.

That said, the regulations list the admissible electronic identification and signature mechanisms but, on the other hand, do not include elements that allow them to be defined. Broadly speaking, it can be stated that:

  • Electronic identification is the digital procedure for verifying a person's identity, based on their name and surnames -or company name- as stated in their National Identity Document -or equivalent- through an identity credential validation or data exchange platform.
  • The electronic signature is the set of data in electronic format that the person signing uses to prove the authenticity of the expression of their will and consent; it also proves the integrity and unalterability of the signed document. The use of an electronic signature mechanism also involves the identification of the person.

These two concepts must be differentiated from authentication, which is the process that allows us to demonstrate that a person is really who they say they are (similar to verification).

As an AP, can you require that citizen identification and signature be electronic?

No, because there are people who have the right to choose the channel of relationship with the PAs and, therefore, they will be able to submit applications on paper with a handwritten signature.

However, please note that before entering the paper application and the accompanying documentation, an authentic copying process must be initiated which involves digitizing and signing the documentation (the most common is signing with an electronic seal).

Finally, we share some good practices that can serve as an alternative to submitting paper documentation to the Registry Assistance Offices (OAMR):

  • Acquire electronic tablets where the will of the interested person is recorded through a digitized handwritten signature.
  • Having public access computers at the OAMRs, to help obtain identification mechanisms from the OAMR itself.
  • Assist the person interested in obtaining identification and signature mechanisms with their personal devices.
  • Encourage assistance from authorized officials, who can also identify themselves and sign electronically on behalf of the interested person (with prior authorization).
What identification and electronic signature mechanisms can citizens use?

The identification and electronic signature mechanisms provided for in the regulations are 3 and are as follows:

  • Qualified electronic certificates for electronic signatures, such as idCAT. Qualified electronic certificates for electronic seals: they can be used for the exchange of data (between administrations, administrations and citizens and between administrations and companies), the identification and authentication of a system, web service or application, automated electronic archiving, electronic copies and attestations, among others.
  • Other systems that consider APs valid, after registration of users, which allow their identity to be verified, such as idCAT Mòbil.

Each public administration determines which of these mechanisms citizens must use in relation to a specific procedure or service, according to what is stated in the FAQ Aspects related to the selection of electronic identification and signature mechanisms.

Regulations

Law 39/2015: arts. 9 to 13
RD 203/2021: arts. 15, 26 and 28

Solutions AOC

idCAT, idCAT Mobile and VALID